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Statement of Basis - Page 2

Effluent Limits:

Technology Limits:

The EPA Effluent Guidelines and Standards for Oil and Gas Extraction Point Source Category (Part 435, Subpart E)

predate the development of coal bed methane extraction technology; however the technology is similar enough to

conventional gas extraction that, in the professional judgment of the WDEQ, this effluent limit guideline is

appropriately applied to coal bed methane gas production. In addition to the federal effluent limitation guideline,

Chapter 2, Appendix H of the Wyoming Water Quality Rules and Regulations contains the following limits applicable

to coal bed methane discharges:

Chloride 2,000 mg/l

Sulfates 3,000 mg/l

Total Dissolved Solids 5,000 mg/l

Specific Conductance 7,500 micromhos/cm

pH 6.5 – 9.0 standard units

Water Quality Based Effluent Limits:

Permit effluent limits are based on federal and state regulations and are effective as of the date of issuance. We have

evaluated potential technology and water quality based effluent limits for this facility. Where the calculated water

quality based effluent limit is more stringent than the applicable technology limit, the water quality based effluent limit

is applied. The daily maximum discharge flow rate for this facility is 0.01 MGD and must be monitored monthly. The

pH must remain within 6.5 and 9.0 standard units. This limit is based upon Wyoming Water Quality Rules and

Regulations, Chapter 2 and applies to discharge from any permitted outfall. The permit also establishes a chloride limit

of 46 mg/l which is based up on chronic aquatic life standards for class 2AB waters as established in Wyoming Water

Quality Rules and Regulations, Chapter 1. In addition, the permit establishes a total barium limit of 1800 μg/l, a total

arsenic limit of 3.3 μg/l. The permit also establishes a dissolved iron limit of 1000 μg/l which is based upon chronic

aquatic life standards for class 3B waters greater than one mile from the confluence of a class 2 water, and reflects the

application of standards required under Wyoming Water Quality Rules and Regulations, Chapter 1. The limits

established in this permit for metals and chlorides reflect the application of the antidegradation provisions required

under Wyoming Water Quality Rules and Regulations, Chapter 1. All limits described in this section are intended to

protect for the above listed designated uses, on both the immediate receiving water and the perennial mainstem, and

apply at the end of pipe.

Reporting and Initial Monitoring: Results are to be reported twice-yearly and if no discharge occurs then "no

discharge" is to be reported. The permit also requires that an initial monitoring of the effluent be conducted within the

first 60 days of discharge and the results submitted to WDEQ and the U.S. Environmental Protection Agency within 120

days of the commencement of discharge.

Irrigation Effluent Limits and Monitoring: The irrigation practices along the upper Belle Fourche River in

Wyoming involve various forms of passive overbank flooding and sub-irrigation of hay meadows. The most sensitive

crop species identified in the basin is alfalfa. In order to monitor and regulate coal bed methane discharge for

compliance with Chapter 1, Section 20 (protection of agricultural water supply), effluent limits for sodium adsorption

ratio (SAR) and specific conductance (EC) are included in this permit. Taking into account available dilution, as well

as cumulative impacts from all of the CBM discharges within the Belle Fourche basin of Wyoming, the Wyoming DEQ

has determined that an SAR effluent limit of 14 and specific conductance effluent limit of 2,000 micromhos/cm are

protective of the agriculture uses downstream. There are four USGS stations located in the upper Belle Fourche Basin

of Wyoming : #06425720 (Belle Fourche River below Rattlesnake Creek), #06425900 (Caballo Creek at mouth),

#06426400 (Donkey Creek near Moorcroft, WY) and #06426500 (Belle Fourche River below Moorcroft, WY). Of

these four stations, #06426500 (Belle Fourche River below Moorcroft, WY) represents the longest-running continuous

data collection period. In addition, this station generally registers the highest quality water with regard to irrigation use

(lowest salinity water). Generally, a permitting authority could average values from the various stations to derive

background quality over a reach of stream connecting them. However, because the data collection periods from the four

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Statement of Basis - Page 3

stations are not well-aligned with one another, WDEQ determined that use of station #06426500 (Belle Fourche River

below Moorcroft, WY) would provide the most comprehensive and appropriate data set in this case.

According to data from USGS station #06426500, the average EC in upper Belle Fourche River is 2440 micromhos/cm

and the median flow is 2.2 cubic feet per second (cfs). Based on observations by WDEQ, there is currently between 0

and 5 cfs of CBM discharge reaching the mainstem of the Belle Fourche River. The value fluctuates based upon well

output rates, as well as localized temperature and weather conditions. CBM produced water discharge rates in the Belle

Fourche Basin have been on a general decline since 2003. According to production data from the Wyoming Oil and

Gas Conservation Commission, total produced water from CBM wells in the Belle Fourche basin peaked in 2003, and

continues on a general decline toward zero. However, for purposes of calculating impacts to the river, WDEQ assumes

a worst-case scenario of continued contribution of CBM discharges to the river at a steady rate of 5 cfs. Below is a

summary of the predicted impacts on resultant EC and SAR in the Belle Fourche River below the CBM development

area. As shown in the table, EC is expected to decrease over time from a background level of 2440 micromhos/cm to a

resultant level of 2134 micromhos/cm. SAR is expected to increase over time from a background level of 6 to a

resultant level of 9. Based on recommendations from “Agricultural Salinity and Drainage” (Hanson 2006), an SAR

level of 11 or less will result in no decrease in infiltration at an applied water EC of 2134 micromhos/cm. Therefore,

WDEQ does not expect the resultant instream values for EC and SAR in the Belle Fourche River to cause a violation of

Chapter 1, Section 20 of the Wyoming Water Quality Rules and Regulations.

+ =

Flow

(cfs)

EC

(µmhos/cm)

Na

(mg/l)

Ca

(mg/l)

Mg

(mg/l) SAR

Median

Annual

Flow (cfs)

EC

(µmhos/cm)

Na

(mg/l)

Ca

(mg/l)

Mg

(mg/l) SAR

Mixed EC

(µmhos/cm)

Mixed

SAR

5.0 2000 400 14 30 14 2.2 2440 326 118 88 6 2134 9

Cumulative CBM Discharge

Belle Fourche (Background): USGS

Station 06426500

Mixed Belle

Fourche

Quarterly monitoring will be required for dissolved calcium, dissolved magnesium, dissolved sodium, sodium

adsorption ratio and specific conductance at the outfall(s). Monitoring for total alkalinity and bicarbonate will be

required annually at the outfall(s).

Erosion Control and Other Standards: There shall be no discharge of floating solids or visible foam in other than

trace amounts, nor shall the discharge cause formation of visible deposits of iron, hydrocarbons or any other constituent

on the bottom or shoreline of the receiving water. In addition, erosion control measures will be implemented to prevent

significant damage to or erosion of the receiving water channel at the point of discharge.

Antidegradation: The discharge of wastewater and the effluent limits that are established in this permit have been

reviewed to ensure that the levels of water quality necessary to protect the designated uses of the receiving waters are

maintained and protected. An antidegradation review has been conducted and verifies that the permit conditions,

including the effluent limitations established, provide a level of protection to the receiving water consistent with the

antidegradation provisions of Wyoming surface water quality standards.

Self Monitoring and Expiration Date: Self monitoring of effluent quality and quantity is required on a regular basis

with reporting of results semiannually. The permit is scheduled to expire on February 28, 2015.

Becky Peters

Water Quality Division

Department of Environmental Quality

Renewal Drafted: February 5, 2010

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Quality and the U.S. EPA Region 8 at the addresses listed below. This summary report must include the results and detection limits for each of the constituents listed below. In addition, the report must include written notification of the established location of the discharge point (refer to Part I.B.11). This notification must include a confirmation that the location of the established discharge point(s) is within 1,510 feet of the location of the identified discharge point(s), is within the same drainage, and discharges to the same landowner's property as identified on the original application form. The legal description and location in decimal degrees of the established discharge point(s) must also be provided. After receiving the monitoring results for the initial discharge, the effluent limits and monitoring requirements established in this permit may be modified.

Parameter* Required Detection Limits & Units

Alkalinity, Total 1 mg/l as CaCO3

Arsenic, Total Recoverable 1 g/l

Barium, Total Recoverable 100 g/l

Bicarbonate 10 mg/l

Aluminum, Dissolved 50 g/l

Cadmium, Dissolved 5 g/l

Calcium, Dissolved 50 g/l, report as mg/l

Chlorides 5 mg/l

Copper, Dissolved 10 g/l

Dissolved Solids, Total 5 mg/l

Fluoride, Dissolved 0.1 mg/l

Hardness, Total 10 mg/l as CaCO3

Iron, Dissolved 50 g/l

Lead, Dissolved 2 g/l

Magnesium, Dissolved 100 g/l, report as mg/l

Manganese, Dissolved 50 g/l

Mercury, Dissolved 1 g/l

pH to 0.1 standard units

Radium226

, Total Recoverable 0.2 pCi/l

Selenium, Total Recoverable 5 g/l

Sodium Adsorption Ratio Calculated as unadjusted ratio

Sodium, Dissolved 100 g/l, report as mg/l

Specific Conductance 5 micromhos/cm

Sulfates 10 mg/l

Zinc, Dissolved 50 g/l

*Dissolved is the value based on the dissolved amount, which is the amount that will pass through a 0.45 µm membrane filter prior to acidification to pH 1.5 - 2.0 with nitric acid. Total is the value expressed in terms of total recoverable metal in the water column.

Initial monitoring reports are to be sent to the following addresses:

Planning and Targeting Program, 8ENF-PT AND Wyoming Department of Environmental Quality

Office of Enforcement, Compliance, Water Quality Division

and Environmental Justice Herschler Building, 4 West

U.S. EPA Region 8 122 West 25th Street

1595 Wynkoop Street Cheyenne, WY 82002

Denver, CO 80208-1129

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be reported on the most recent version of EPA Region VIII's Guidance for Whole Effluent Reporting. Monitoring reports must be submitted to the state water pollution control agency at the following address postmarked no later than the 15th day of the second month following the completed reporting period. The first report following the issuance of this renewal is due on August 15, 2010.

Legible copies of these, and all other reports required herein, shall be signed and certified in accordance with the Signatory Requirements contained in Part II.A.11.

Wyoming Department of Environmental Quality

Water Quality Division

Herschler Building, 4 West

122 West 25th Street

Cheyenne, WY 82002

Telephone: (307) 777-7781

If no discharge occurs during the reporting period, "no discharge" shall be reported. If discharge is intermittent

during the reporting period, sampling shall be done while the facility is discharging.

3. Definitions

a. The "monthly average" shall be determined by calculating the arithmetic mean (geometric mean

in the case of fecal coliform) of all composite and/or grab samples collected during a calendar

month.

b. The "weekly average" shall be determined by calculating the arithmetic mean (geometric mean in

the case of fecal coliform) of all composite and/or grab samples collected during any week.

c. The "daily maximum" shall be determined by the analysis of a single grab or composite sample.

d. "MGD", for monitoring requirements, is defined as million gallons per day.

e. "Net" value, if noted under Effluent Characteristics, is calculated on the basis of the net increase

of the individual parameter over the quantity of that same parameter present in the intake water

measured prior to any contamination or use in the process of this facility. Any contaminants

contained in any intake water obtained from underground wells shall not be adjusted for as

described above and, therefore, shall be considered as process input to the final effluent.

Limitations in which "net" is not noted are calculated on the basis of gross measurements of each

parameter in the discharge, irrespective of the quantity of those parameters in the intake waters.

f. A "composite" sample, for monitoring requirements, is defined as a minimum of four grab

samples collected at equally spaced two hour intervals and proportioned according to flow.

g. An "instantaneous" measurement for monitoring requirements is defined as a single reading,

measurement, or observation.

h. A "pollutant" is any substance or substances which, if allowed to enter surface waters of the state,

causes or threatens to cause pollution as defined in the Wyoming Environmental Quality Act,

Section 35-11-103.

i. "Total Flow" is the total volume of water discharged, measured on a continuous basis and

reported as a total volume for each month during a reporting period. The accuracy of flow

measurement must comply with Part III.A.1.

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4. Test Procedures

Test procedures for the analysis of pollutants, collection of samples, sample containers, sample preservation, and

holding times, shall conform to regulations published pursuant to 40 CFR, Part 136, unless other test procedures

have been specified in this permit.

5. Recording of Results

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the

following information:

a. The exact place, date and time of sampling;

b. The dates and times the analyses were performed;

c. The person(s) who performed the analyses and collected the samples;

d. The analytical techniques or methods used; and

e. The results of all required analyses including the bench sheets, instrument readouts, computer

disks or tapes, etc., used to determine the results.

6. Additional Monitoring by Permittee

If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this

permit, using approved analytical methods as specified above, the results of such monitoring shall be included in

the calculation and reporting of the values required in the Discharge Monitoring Report Form. Such increased

frequency shall also be indicated.

7. Records Retention

The permittee shall retain records of all monitoring information, including all calibration and maintenance

records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports

required by this permit, and records of all data used to complete the application for this permit, for a period of at

least three years from the date of the sample, measurement, report or application. This period may be extended

by request of the administrator at any time. Data collected on site, copies of Discharge Monitoring Reports and a

copy of this WYPDES permit must be maintained on site during the duration of activity at the permitted location.

8. Penalties for Tampering

The Act provides that any person who falsifies, tampers with or knowingly renders inaccurate, any monitoring

device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not

more than $10,000 per violation, or by imprisonment for not more than two years per violation, or both.

9. Compliance Schedules

Reports of compliance or noncompliance with, or any progress reports on interim and final requirements

contained in any Compliance Schedule of this permit shall be submitted no later than 14 days following each

schedule date.

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A request for a minor modification must be initiated by the permittee by completing the form titled National Pollutant

Discharge Elimination System Permit Modification Application For Coal Bed Methane. Incomplete application forms

will be returned to the applicant.

The outfalls listed in the above table may be moved from the established location without submittal of a permit

modification application provided all of the following conditions are satisfied:

1. The new outfall location is within 2640 feet of the established outfall location.

2. The new outfall location is within the same drainage or immediate permitted receiving waterbody.

3. There is no change in the affected landowners.

4. Notification of the change in outfall location must be provided to the WYPDES Permits Section on a

form provided by the WQD Administrator within 10 days of the outfall location change. The form must

be provided in duplicate and legible maps showing the previous and new outfall location must be attached

to the form.

Moving an outfall location without satisfying the four above listed conditions will be considered a violation of this permit

and subject to full enforcement authority of the WQD. An outfall relocation as described above will not be allowed if the

new outfall location is less than one mile from the confluence of a Class 2 waterbody and the dissolved iron limits

established in the permit for the outfall are based upon Class 3 standards.

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PART II

A. MANAGEMENT REQUIREMENTS

1. Changes

The permittee shall give notice to the administrator of the Water Quality Division as soon as possible of

any physical alterations or additions to the permitted facility. Notice is required when:

a. The alteration or addition to a permitted facility may meet one of the criteria for determining

whether a facility is a new source as determined in 40 CFR 122.29 (b); or

b. The alteration or addition could change the nature or increase the quantity of pollutants

discharged.

2. Noncompliance Notification

a. The permittee shall give advance notice of any planned changes in the permitted facility or

activity which may result in noncompliance with permit requirements.

b. The permittee shall report any noncompliance which may endanger health or the environment as

soon as possible, but no later than 24 hours from the time the permittee first became aware of the

circumstances. The report shall be made to the Water Quality Division, Wyoming Department of

Environmental Quality at (307) 777-7781.

c. For any incidence of noncompliance, including noncompliance related to non-toxic pollutants or

non-hazardous substances, a written submission shall be provided within five (5) days of the time

that the permittee becomes aware of the noncompliance circumstance.

The written submission shall contain:

(1) A description of the noncompliance and its cause;

(2) The period of noncompliance, including exact dates and times;

(3) The estimated time noncompliance is expected to continue if it has not been corrected;

and

(4) Steps taken or planned to reduce, eliminate and prevent reoccurrence of the

noncompliance.

d. The following occurrences of unanticipated noncompliance shall be reported by telephone to the

Water Quality Division, Watershed Management Section, NPDES Program (307) 777-7781 as

soon as possible, but no later than 24 hours from the time the permittee first became aware of the

circumstances.

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit;

(2) Any upset which exceeds any effluent limitation in the permit; or

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(3) Violation of a maximum daily discharge limitation for any toxic pollutants or hazardous

substances, or any pollutants specifically identified as the method to control a toxic

pollutant or hazardous substance listed in the permit.

e. The administrator of the Water Quality Division may waive the written report on a case-by-case

basis if the oral report has been received within 24 hours by the Water Quality Division, NPDES

Program (307) 777-7781.

f. Reports shall be submitted to the Wyoming Department of Environmental Quality at the address

in Part I under Reporting and to the Planning and Targeting Program, 8ENF-PT, Office of

Enforcement, Compliance, and Environmental Justice, U.S. EPA Region 8, 1595 Wynkoop

Street, Denver, CO 80202-1129.

g. The permittee shall report all instances of noncompliance that have not been specifically

addressed in any part of this permit at the time the monitoring reports are due.

3. Facilities Operation

The permittee shall, at all times, properly operate and maintain all facilities and systems of treatment and

control (and related appurtenances) which are installed or used by the permittee to achieve compliance

with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory

controls and appropriate quality assurance procedures. This provision requires the operation of back-up

or auxiliary facilities or similar systems which are installed by the permittee only when the operation is

necessary to achieve compliance with the conditions of the permit. However, the permittee shall operate,

as a minimum, one complete set of each main line unit treatment process whether or not this process is

needed to achieve permit effluent compliance.

4. Adverse Impact

The permittee shall take all reasonable steps to minimize any adverse impact to waters of the state

resulting from noncompliance with any effluent limitations specified in this permit, including such

accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying

discharge.

5. Bypass of Treatment Facilities

a. Bypass means the intentional diversion of waste streams from any portion of a treatment facility.

b. The permittee may allow any bypass to occur which does not cause effluent limitations to be

exceeded, but only if it is for essential maintenance to assure efficient operation. These bypasses

are not subject to the provisions of paragraphs c. and d. of this section. Return of removed

substances to the discharge stream shall not be considered a bypass under the provisions of this

paragraph.

c. Notice:

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall

submit prior notice at least 60 days before the date of the bypass.

(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as

required under Part II.A.2.

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d. Prohibition of bypass.

(1) Bypass is prohibited and the administrator of the Water Quality Division may take

enforcement action against a permittee for a bypass, unless:

(a) The bypass was unavoidable to prevent loss of life, personal injury or severe

property damage;

(b) There were no feasible alternatives to the bypass, such as the use of auxiliary

treatment facilities, retention of untreated wastes or maintenance during normal

periods of equipment downtime. This condition is not satisfied if adequate back-

up equipment should have been installed to prevent a bypass which occurred

during normal periods of equipment downtime or preventive maintenance; and

(c) The permittee submitted notices as required under paragraph c. of this section.

e. The administrator of the Water Quality Division may approve an anticipated bypass, after

considering its adverse effects, if the administrator determines that it will meet the three

conditions listed above in paragraph d. (l) of this section.

6. Upset Conditions

a. Upset means an exceptional incident in which there is unintentional and temporary

noncompliance with technology based permit effluent limitations because of factors beyond the

reasonable control of the permittee. An upset does not include noncompliance to the extent

caused by operational error, improper designed treatment facilities, inadequate treatment

facilities, lack of preventive maintenance, or careless or improper operation.

b. An upset constitutes an affirmative defense to an action brought for noncompliance with

technology based permit effluent limitations if the requirements of paragraph c. of this section are

met.

c. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through

properly signed, contemporaneous operating logs or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the cause(s) of the upset;

(2) The permitted facility was at the time being properly operated;

(3) The permittee submitted notice of the upset as required under Part II.A.2; and

(4) The permittee complied with any remedial measures required under Part II.A.4.

d. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the

occurrence of an upset has the burden of proof.

7. Removed Substances

Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of

wastewaters or intake waters shall be disposed of in a manner such as to prevent any pollutant from such

materials from entering waters of the state.

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8. Power Failures

In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee

shall either:

a. In accordance with a schedule of compliance contained in Part I, provide an alternative power

source sufficient to operate the wastewater control facilities; or

b. If such alternative power source as described in paragraph a. above is not in existence and no date

for its implementation appears in Part I, take such precautions as are necessary to maintain and

operate the facility under its control in a manner that will minimize upsets and insure stable

operation until power is restored.

9. Duty to Comply

The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a

violation of the federal act and the Wyoming Environmental Quality Act and is grounds for enforcement

action; for permit termination, revocation and reissuance, or modification; or for denial of a permit

renewal application. The permittee shall give the administrator of the Water Quality Division advance

notice of any planned changes at the permitted facility or of any activity which may result in permit

noncompliance.

10. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this

permit which has a reasonable likelihood of adversely affecting human health or the environment.

11. Signatory Requirements

All applications, reports or information submitted to the administrator of the Water Quality Division shall

be signed and certified.

a. All permit applications shall be signed as follows:

(1) For a corporation: by a responsible corporate officer;

(2) For a partnership or sole proprietorship: by a general partner or the proprietor,

respectively;

(3) For a municipality, state, federal or other public agency: by either a principal executive

officer or ranking elected official.

b. All reports required by the permit and other information requested by the administrator of the

Water Quality Division shall be signed by a person described above or by a duly authorized

representative of that person. A person is a duly authorized representative only if:

(1) The authorization is made in writing by a person described above and submitted to the

administrator of the Water Quality Division; and

(2) The authorization specified either an individual or a position having responsibility for the

overall operation of the regulated facility or activity, such as the position of plant

manager, operator of a well or a well field, superintendent, position of equivalent

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responsibility or an individual or position having overall responsibility for environmental

matters for the company. A duly authorized representative may thus be either a named

individual or any individual occupying a named position.

c. If an authorization under paragraph II.A.11.b. is no longer accurate because a different individual

or position has responsibility for the overall operation of the facility, a new authorization

satisfying the requirements of paragraph II.A.11.b must be submitted to the administrator of the

Water Quality Division prior to or together with any reports, information or applications to be

signed by an authorized representative.

d. Any person signing a document under this section shall make the following certification:

"I certify, under penalty of law, that this document and all attachments were prepared under my

direction or supervision in accordance with a system designed to assure that qualified personnel

properly gather and evaluate the information submitted. Based on my inquiry of the person or

persons who manage the system or those persons directly responsible for gathering the

information, the information submitted is, to the best of my knowledge and belief, true, accurate

and complete. I am aware that there are significant penalties for submitting false information,

including the possibility of fine and imprisonment for knowing violations."

B. RESPONSIBILITIES

1. Inspection and Entry

If requested, the permittee shall provide written certification from the surface landowner(s), if different

than the permittee, that the administrator or the administrator’s authorized agent has access to all physical

locations associated with this permit including well heads, discharge points, reservoirs, monitoring

locations, and any waters of the state.

The permittee shall allow the administrator of the Water Quality Division or an authorized representative,

upon the presentation of credentials and other documents as may be required by law, to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted

or where records must be kept under the conditions of this permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions

of this permit;

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and control

equipment), practices or operations regulated or required under this permit; and

d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or as

otherwise authorized by the federal act, any substances or parameters at any location.

2. Transfer of Ownership or Control

In the event of any change in control or ownership of facilities from which the authorized discharges

emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by

letter, a copy of which shall be forwarded to the regional administrator of the Environmental Protection

Agency and the administrator of the Water Quality Division. The administrator of the Water Quality

Division shall then provide written notification to the new owner or controller of the date in which they

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assume legal responsibility of the permit. The permit may be modified or revoked and reissued to change

the name of the permittee and incorporate such other requirements as described in the federal act.

3. Availability of Reports

Except for data determined to be confidential under Section 308 of the federal act, all reports prepared in

accordance with the terms of this permit shall be available for public inspection at the offices of the

Wyoming Department of Environmental Quality and the regional administrator of the Environmental

Protection Agency. As required by the federal act, effluent data shall not be considered confidential.

Knowingly making any false statement on any such report may result in the imposition of criminal

penalties as provided for in Section 309 of the federal act.

4. Toxic Pollutants

The permittee shall comply with effluent standards or prohibitions established under Section 307 (a) of

the federal act for toxic pollutants within the time provided in the regulations that establish those

standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

5. Changes in Discharge of Toxic Substances

Notification shall be provided to the administrator of the Water Quality Division as soon as the permittee

knows of, or has reason to believe:

a. That any activity has occurred or will occur which would result in the discharge, on a routine or

frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will

exceed the highest of the following "notification levels":

(1) One hundred micrograms per liter (100 μg/l);

(2) Two hundred micrograms per liter (200 μg/l) for acrolein and acrylonitrile; five hundred

micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;

and one milligram per liter (1 mg/1) for antimony;

(3) Five (5) times the maximum concentration value reported for that pollutant in the permit

application in accordance with 40 CFR 122.21 (g) (7); or

(4) The level established by the director of the Environmental Protection Agency in

accordance with 40 CFR 122.44 (f).

b. That any activity has occurred or will occur which would result in any discharge, on a non-

routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge

will exceed the highest of the following "notification levels":

(1) Five hundred micrograms per liter (500 μg/l);

(2) One milligram per liter (1 mg/1) for antimony;

(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit

application in accordance with 40 CFR 122.21 (g) (7); or

(4) The level established by the director of the Environmental Protection Agency in

accordance with 40 CFR 122.44 (f).

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6. Civil and Criminal Liability

Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for

noncompliance. As long as the conditions related to the provisions of "Bypass of Treatment Facilities"

(Part II.A.5), "Upset Conditions" (Part II.A.6), and "Power Failures" (Part II.A.8) are satisfied then they

shall not be considered as noncompliance.

7. Need to Halt or Reduce Activity not a Defense

It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt

or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

8. Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the

permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject

under Section 311 of the federal act.

9. State Laws

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the

permittee from any responsibilities, liabilities or penalties established pursuant to any applicable state or

federal law or regulation. In addition, issuance of this permit does not substitute for any other permits

required under the Clean Water Act or any other federal, state, or local law.

10. Property Rights

The issuance of this permit does not convey any property rights in either real or personal property, or any

exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights

nor any infringement of federal, state or local laws or regulations.

11. Duty to Reapply

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this

permit, the permittee must apply for and obtain a new permit. The application should be submitted at

least 180 days before the expiration date of this permit.

12. Duty to Provide Information

The permittee shall furnish to the administrator of the Water Quality Division, within a reasonable time,

any information which the administrator may request to determine whether cause exists for modifying,

revoking and reissuing or terminating this permit or to determine compliance with this permit. The

permittee shall also furnish to the administrator, upon request, copies of records required by this permit to

be kept.

13. Other Information

When the permittee becomes aware that it failed to submit any relevant facts in a permit application or

submitted incorrect information in a permit application or any report to the administrator of the Water

Quality Division, it shall promptly submit such facts or information.

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14. Permit Action

This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by

the permittee for a permit modification, revocation and reissuance, or termination, or a notification of

planned changes or anticipated noncompliance does not stay any permit condition.

15. Permit Fees

Once this permit has been issued, the permittee will be assessed a $100.00 per-year permit fee by the

Water Quality Division. The fee year runs from January 1st through December 31st. This permit fee

will continue to be assessed for as long as the permit is active, regardless of whether discharge actually

occurs. This fee is not pro-rated. If the permit is active during any portion of the fee year, the full fee

will be billed to the permittee for that fee year. In the event that this permit is transferred from one

permittee to another, each party will be billed the full permit fee for the fee year in which the permit

transfer was finalized.

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PART III

A. OTHER REQUIREMENTS

1. Flow Measurement

At the request of the administrator of the Water Quality Division, the permittee must be able to show

proof of the accuracy of any flow measuring device used in obtaining data submitted in the monitoring

report. The flow measuring device must indicate values of within plus or minus ten (10) percent of the

actual flow being measured.

2. 208(b) Plans

This permit may be modified, suspended or revoked to comply with the provisions of any 208(b) plan

certified by the Governor of the State of Wyoming.

3. Reopener Provision

This permit may be reopened and modified (following proper administrative procedures) to include the

appropriate effluent limitations (and compliance schedule, if necessary) or other appropriate requirements

if one or more of the following events occurs:

a. The state water quality standards of the receiving water(s) to which the permittee discharges are

modified in such a manner as to require different effluent limits than contained in this permit;

b. A total maximum daily load (TMDL) and/or watershed management plan is developed and

approved by the state and/or the Environmental Protection Agency which specifies a wasteload

allocation for incorporation in this permit;

c. A revision to the current water quality management plan is approved and adopted which calls for

different effluent limitations than contained in this permit;

d. Downstream impairment is observed and the permitted facility is contributing to the impairment;

e. The limits established by the permit no longer attain and/or maintain applicable water quality

standards;

f. The permit does not control or limit a pollutant that has the potential to cause or contribute to a

violation of a state water quality standard.

g. If new applicable effluent guidelines and/or standards have been promulgated and the standards

are more stringent than the effluent limits established by the permit.

h. In order to protect water quality standards in neighboring states, effluent limits may be

incorporated into this permit or existing limits may be modified to ensure that the appropriate

criteria, water quality standards and assimilative capacity are attained.

i. If new, additional or more stringent permit conditions are necessary for control of erosion

downstream of the discharges to ensure protection of water quality standards.

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4. Permit Modification

After notice and opportunity for a hearing, this permit may be modified, suspended or revoked in whole

or in part during its term for cause including, but not limited to, the following:

a. Violation of any terms or conditions of this permit;

b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts;

c. A change in any condition that requires either a temporary or permanent reduction or elimination

of the authorized discharge; or

d. If necessary to comply with any applicable effluent standard or limitation issued or approved

under Sections 301(b) (2) (C) and (D), 304 (b) (2) and 307 (a) (2) of the federal act, if the effluent

standard or limitation so issued or approved:

(1) Contains different conditions or is otherwise more stringent than any effluent limitation

in the permit; or

(2) Controls any pollutant not limited in the permit.

5. Toxicity Limitation - Reopener Provision

This permit may be reopened and modified (following proper administrative procedures) to include a new

compliance date, additional or modified numerical limitations, a new or different compliance schedule, a

change in the whole effluent protocol or any other conditions related to the control of toxicants if one or

more of the following events occur:

a. Toxicity was detected late in the life of the permit near or past the deadline for compliance;

b. The TRE results indicate that compliance with the toxic limits will require an implementation

schedule past the date for compliance and the permit issuing authority agrees with the conclusion;

c. The TRE results indicate that the toxicant(s) represent pollutant(s) that may be controlled with

specific numerical limits and the permit issuing authority agrees that numerical controls are the

most appropriate course of action;

d. Following the implementation of numerical controls on toxicants, the permit issuing authority

agrees that a modified whole effluent protocol is necessary to compensate for those toxicants that

are controlled numerically;

e. The TRE reveals other unique conditions or characteristics which, in the opinion of the permit

issuing authority, justify the incorporation of unanticipated special conditions in the permit.

6. Severability

The provisions of this permit are severable and if any provision of this permit, or the application of any

provision of this permit to any circumstance is held invalid, the application of such provision to other

circumstances and the remainder of this permit, shall not be affected thereby.

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7. Penalties for Falsification of Reports

The federal act provides that any person who knowingly makes any false statement, representation or

certification in any record or other document submitted or required to be maintained under this permit,

including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be

punished by a fine of not more than $10,000 per violation or by imprisonment for not more than two

years per violation or both.